All Articles
Everything MLRC has published, in any publication, since 2017.
Ten Questions to a Media Lawyer
C. Amanda MartinNorth Carolina lawyer and academic on her beginnings, work related to the O.J. Simpson trial, teaching, NC must-sees, summer reads and more.
Free Speech in the “Free State”
Rachel Fugate and Sarah PapadeliasFlorida's distorted First Amendment reality stems from a “war on woke” that attempts to eliminate certain viewpoints and has infected Florida’s legislative and executive decisions. Fortunately, federal courts have pulled Florida back from the First Amendment "upside down." However, there still is a long way to go.
Warhol Foundation v. Goldsmith Roundtable Discussion
Caren Decter, David Korzenik and Mickey OsterreicherThe decision has been controversial and has received mixed reviews within the copyright bar, so MLRC convened an expert roundtable to weigh-in.
Free Speech and Media Law in the Supreme Court’s 2022-2023 Term
Jeff HermesMLRC deputy director on what was interesting, troubling, and/or puzzling about ten of the Court’s decisions this term.
Ten Questions to a Media Lawyer
Tom HentoffWilliams & Connolly attorney on growing up with two renowned journalist parents, breaking into the business, email etiquette and much more.
How AI “Hallucinations” Could Inflict Real-World Pain for Users
Lyndsey M. WajertIn filing a complaint many have dubbed “the first of its kind,” a radio host in Georgia recently sued for defamation the company behind the much-buzzed-about artificial intelligence chat platform ChatGPT. And while the concept of suing an AI developer for an intent-based tort may be quite novel, the facts at issue highlight some familiar…
Second Time Around, Florida Trial Court Applies Anti-SLAPP Statute to DJ’s Defamation Claims
Minch MinchinA Florida trial judge dismissed a Tampa disc-jockey’s SLAPP suit against a local radio station and rival DJ because the defamation count was based on nonactionable statements, and the additional claims were barred by Florida’s single-action rule.
Pennsylvania Judge Called “QAnon-Linked” Loses False Light Lawsuit Against The Daily Beast
Seth Berlin, Kaitlin Gurney and Leslie MinoraThe Court dismissed the Complaint on actual malice pleading grounds, finding that Judge Patrick had failed to allege facts that, if proven, would constitute clear and convincing evidence “that Defendants acted with actual malice when they described her as a QAnon-linked judge.”
Music Producer Is a Public Figure in High Profile Case Against Pop Star
Benjamin E. Marks and Krystel DelauneyThe Court held that Gottwald is a limited-purpose public figure and must show by clear and convincing evidence that Sebert acted with actual malice when she accused him of sexual assault. It also granted summary judgment to Sebert with respect to five of the allegedly defamatory statements on the ground that they fell squarely within…
St. Louis Post-Dispatch Fights Prior Restraint on Publication of Murder Defendant’s Mental Health Report
Jean ManekeJoseph E. Martineau, attorney with Lewis Rice LLC who is defending the Post-Dispatch, argued that there is a long history of courts rejecting any effort to restrain publication under such circumstances, given that the pleading was lawfully obtained by the reporter in its quick response to the Court.
Daniel Ellsberg: A Personal Remembrance of an American Hero
George FreemanThough in our volatile and combative times, many journalists – and their sources – are exceptionally courageous, and often sacrifice their well-being for their profession and causes, Ellsberg was the unequaled model for such behavior.
Counterman v. Colorado: Good News for Sullivan Fans
Jeff HermesThe Court says explicitly that whether a statement is a threat does not depend on the intent of the speaker but upon the message received by the listener. However, scienter amounting to subjective recklessness is required in order to avoid chilling effects on other speech.
Ten Questions to a Media Lawyer
Matthew SchaferParamount lawyer on his start in the business, the best career advice he was ever given, AI, recent reading and more.
Connecticut Supreme Court Affirms Right of Immediate Appeal of Anti-SLAPP Decisions
Alexa MillingerConnecticut joins 16 states in holding that anti-SLAPP motions to dismiss may be immediately appealed rather than waiting for the conclusion of the case.
A Texas-Sized Battle to Protect Citizens Rights to Speak Freely
Laura Lee Prather and Reid PillifantThe quiet end for SB 896 came after a noisy lobbying effort by media, advocacy, consumer, and business groups to kill the bill.
Virginia Court Dismisses Homeowners’ Case Over B-Roll Footage in Jan. 6 News Story
Hilary OranThough courts rarely find that a party has been fraudulently joined, the court did so in this instance.
Virginia Federal Court Grants Gannett’s Motion to Dismiss Defamation Lawsuit Brought by Prominent Anti-Vaxxer and Covid Critic
Michael J. GrygielThe threshold dismissal was particularly welcome — and appropriate — because the Complaint targeted the newspaper’s reporting on a newsworthy community event implicating vitally important public health issues.
Proposed Florida Defamation Legislation
Sarah Papadelias and Rachel FugateOne proposal that was introduced during the session was an effort to overhaul defamation law in Florida by making it “easier” to sue media outlets in Florida.
A Brief Note Regarding the Recent AI Debacle in Federal Court
Jeff HermesAn attorney’s recent debacle with AI was based on a basic and very common misunderstanding of what a tool like ChatGPT, powered by a large language model, is and does. This article attempts to clear things up.
Ninth Circuit Holds Senator Warren’s Letter to Amazon Was Protected as Persuasive Speech
Margaret N. StrouseAlthough Sen. Warren used “strong words,” her word choice and tone were a persuasive “call to action” consistent with elected officials’ right to “forcefully criticize” other speakers.
